The High Court refused to quash the FIR regarding cheating offences. However, directed the SHO not to arrest the petitioner until the police report under Section 173(2) Cr.P.C. is filed, requiring his cooperation during investigation.
Direction not to arrest the petitioner till filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7306 of 2018
Petitioner :- Pawneet Singh Jolly Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shishir Tandon Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 20.02.2018 bearing Case Crime No. 0142 of 2018 pending investigation at Police Station Colonelganj, District Allahabad pertaining to the offences under Sections 419, 420, 467, 468 and 471 of Indian Penal Code.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Colonelganj, District Allahabad not to arrest the petitioner- Pawneet Singh Jolly in relation to the first information report referred above till filing of police report as per Subsection (2) of Section 173 of Cr.P.C. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly. Order Date :- 27.3.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether to quash the first information report in a case alleging offences under Sections 419, 420, 467, 468 and 471 of Indian Penal Code.
1 provisions across 1 enactments
Pawneet Singh Jolly
State of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
